Where will smoking be banned?
All licensed premises where any food is prepared or served will have to ban smoking regardless of whether there is a separate restaurant room or if food is only served at certain times. Pubs who do not serve food will be exempt as will private members clubs.
What is the timetable for action?
The measures will take effect from the summer of 2007 - just 18 months from now. There will be a further three month consultation programme on the measures. There will be a review of the measures carried out after three years.
What is prepared food?
This is still unclear from the bill. It seems that if a sandwich is served on a plate then that is prepared food but if it comes in a sealed packet it is not. The same would stand for all pre-packaged pies or pasties. Crisps, nuts and pickled eggs are all thought to be fine. The truth is no-one knows what the definition will be, what foods will be on the list of allowed products and how that list would be enforced or updated despite the major consultation process.
Will smoking pubs have restrictions?
Yes, although exact details will be decided upon after further consultation. Smoking at the bar will be banned and pubs could be forced to have smoking rooms or at least smoking areas.
Any ways round the food ban?
There is nothing to stop entrepreneurial licensees hooking up with a local take away restaurant to deliver food to the pub. A freephone telephone service could be provided from the pub which could be one way of keeping some lunchtime trade.
How will the ban be enforced?
There will be fines of £50 for individuals lighting up in a no smoking area. Licensees who fail to put up enough no-smoking signage and ignore illegal smoking could be fined £200. Health secretary Patricia Hewitt told the Commons Health Select committee that the ban would largely be 'self enforcing' through public pressure as it is on public transport. She said licensees will also have a role to play in enforcing measures.
Can a pub turn into a private members club?
Private members clubs have to be non-profit organisations with an elected committee chosen from its members and must hold annual general meetings. They must also hold a club premises certificate. The presence of a proprietor clouds the issue as clubs are owned by the members. It makes it unlikely pubs would be able to become members clubs.
Will the bill definitely become law?
No. In fact there is still a long way to go. The Government is set to carry out a further consultation. MPs will be able to block or amend the bill in the House of Commons. If passed by the Commons, it could still be vetoed by the Lords.
What should licensees do now?
Get on to your local MP and let them now what the dire consequences of this bill would be. If you can, team up with other local licensees and get together a petition to take to your local MP. Strength in numbers is key. The more MPs that are alerted to the knock on effects of the proposals, the less likely it is to become law.